Is Lane Splitting Legal in Delaware? What the Law Says (2026)

Delaware's rules of the road contain no provision that names lane splitting, either to allow it or to ban it. The general rule for roads with marked lanes, 21 Del. C. 4122(1), requires that "A vehicle shall be driven as nearly as practicable entirely within a single lane," and 21 Del. C. 4117 limits passing on the right to the regular traffic lanes except in two listed cases. For how other states treat the same maneuver, see our guide to lane splitting laws by state.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Delaware state law: the rules of the road in Title 21, Chapter 41 of the Delaware Code (in particular 4116, 4117, 4122, 4175, 4175A, 4176 and 4185), the motorcycle definition in 21 Del. C. 101(41), and the general penalty in 21 Del. C. 4205. It does not cover municipal ordinances, court costs and assessments, license points, insurance, or the law of other states.

Is lane splitting legal in Delaware?

Delaware's Code neither authorizes lane splitting nor prohibits it by name. Chapter 41 of Title 21, the state's rules of the road, contains no provision on a motorcycle riding between lanes of traffic or between rows of vehicles, on lane filtering, or on a motorcycle's right to a full lane. The section that governs how motorcycles are ridden, 21 Del. C. 4185, deals with seating, passengers, helmets and eye protection, and keeping a hand on the handlebars.

That leaves the rules every vehicle follows. A rider passing between two rows of cars is not riding within a single lane, so the single-lane rule in 4122(1) is the general rule that bears on the practice. The passing rules in 4116 and 4117 also matter, because riding between lanes usually means overtaking someone.

Delaware also has no counterpart to the express ban some states adopted from the 1968 Uniform Vehicle Code, whose model section 11-1303(c) read: "No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles." The model code has no force of its own; it explains why some states have a motorcycle-specific ban and Delaware does not.

Splitting, filtering, shoulders and riding two abreast

The single-lane rule: 21 Del. C. 4122

Section 4122 applies "Whenever any roadway has been divided into 2 or more clearly marked lanes for traffic." Its first rule reads:

"(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety."

The rest of the section covers the center lane of a three-lane, two-way road and traffic-control devices that assign lanes or prohibit lane changes. None of its four rules makes an exception for motorcycles or for stopped or slow-moving traffic. The rule speaks of "a vehicle," and Delaware defines a motorcycle in 21 Del. C. 101(41) as "every motor vehicle designed to travel on not more than 3 wheels in contact with the ground," excluding autocycles, tractors, electric personal assistive mobility devices and electric bicycles.

Passing on the left and on the right

Lane splitting usually means overtaking other vehicles, and Delaware's overtaking rules apply to motorcycles like any other vehicle.

On a multilane road, 21 Del. C. 4116(1) directs where an overtaking driver goes:

"(1) On a roadway with at least 2 travel lanes proceeding in the same direction and if a travel lane proceeding in the same direction exists to the left, the driver of the overtaking vehicle shall, yielding the right-of-way and proceeding with caution, move completely into the lane to the left before passing."

Where a lane to the left exists, this rule requires an overtaking driver, including a motorcyclist, to move completely into that lane before passing. Passing a vehicle while riding on or along the lane line does not meet that requirement.

Passing on the right is governed by 21 Del. C. 4117(a):

"(a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under conditions permitting such movement in safety. In no event, except as permitted in subsection (c) and (d) of this section, shall such movement be made by driving off the roadway, main traveled portion, or regular moving traffic lane of the highway."

When the shoulder may be used

Section 4117 allows shoulder use in exactly two situations, and neither is about motorcycles:

"(c) When the vehicle overtaken is making or about to make a left turn, the vehicle approaching from the rear may pass on the right using the shoulder if necessary. (d) When the overtaking vehicle is a Delaware Department of Transportation authorized vehicle or an emergency vehicle, as defined in § 4106(e) of this title, responding to an emergency, the overtaking vehicle may pass on the right using the shoulder if necessary."

Subsection (c) applies to any vehicle, including a motorcycle, but only to get around a vehicle that is turning left. Riding the shoulder past a backup of traffic falls outside both exceptions.

Riding two abreast

Chapter 41 has no rule on how many motorcycles may ride side by side in one lane. Its only two-abreast rule sits in the bicycle subchapter: "Persons operating bicycles upon a roadway shall not travel more than 2 abreast except on paths or parts of roadways set aside for the exclusive use of bicycles." That rule is written for bicycles and does not apply to motorcycles by its terms.

Penalties

Section 4122 states no penalty of its own. The general penalty for Chapter 41, 21 Del. C. 4205, covers violations of that chapter for which no other penalty is prescribed:

"(a) Whoever violates this chapter or Chapter 41 of this title shall for the first offense be fined not less than $25 nor more than $75. For each subsequent like offense, the person shall be fined not less than $57.50 nor more than $95. All second offenses, before being punishable as such, shall have been committed within 24 months after the commission of the first offense unless otherwise specifically provided."

Subsection (b) adds that subsection (a) "shall not apply to violations for which penalties are prescribed elsewhere in this chapter or Chapter 41 of this title." Those figures are the fine only; court costs and assessments are not included.

Depending on how a rider rides, sections with higher penalties can also apply, each with its own elements. Delaware's aggressive driving law, 21 Del. C. 4175A, applies only to "continuous conduct which violates 3 or more" of twelve listed sections, among them 4117 (overtaking on the right), 4122 (driving within a traffic lane), 4123 (following too closely) and 4168 (speed restrictions). A first offense carries a fine of $100 to $300, 10 to 30 days in jail, or both, and the court must also order a course of instruction on behavior modification or attitudinal driving.

Driving "in wilful or wanton disregard for the safety of persons or property" is reckless driving under 4175(a), with the same first-offense range of $100 to $300, 10 to 30 days in jail, or both. Operating a vehicle "in a careless or imprudent manner, or without due regard for road, weather and traffic conditions then existing" is careless driving under 4176(a), fined $25 to $75 for a first offense.

Federal law

Lane use is set state by state. The federal motorcyclist safety grant rule, 23 CFR 1300.25, sets criteria for rider training and motorist awareness programs and says nothing about lane use, and NHTSA's motorcycle safety page does not mention lane splitting. Our lane splitting laws by state hub covers the national picture.

If riding between lanes leads to a crash

Whether a rider followed 4122 is one fact in a crash claim; it does not settle fault on its own. For how fault, insurance and filing deadlines work, see our guide to Delaware motorcycle accident laws. For the rules that apply to vehicle crashes generally, see Delaware car accident laws.

Related pages

• Lane splitting laws by state
• Delaware motorcycle accident laws
• Delaware car accident laws
• Maryland lane splitting laws
• Pennsylvania lane splitting laws

This article provides general legal information about Delaware law, not legal advice. For advice about a specific situation, contact a lawyer licensed in Delaware or the Delaware Office of Highway Safety.

Last updated: 2026-10-08.

Frequently Asked Questions

Is lane splitting legal in Delaware?

Delaware's rules of the road, Title 21, Chapter 41, contain no provision that names lane splitting, either to allow it or to ban it. The general rule in 21 Del. C. 4122(1) requires a vehicle to be driven as nearly as practicable entirely within a single lane, and Chapter 41 creates no exception for motorcycles. Where a lane to the left exists, 21 Del. C. 4116(1) also requires an overtaking driver to move completely into that lane before passing.

Is lane filtering legal in Delaware?

Delaware has no filtering law. Section 4122 contains no exception for stopped traffic, so the single-lane rule in 4122(1) applies at a red light the same way it does on an open road.

Can motorcycles ride on the shoulder in Delaware?

Only in narrow cases that apply to every vehicle. Under 21 Del. C. 4117(a), passing on the right may not be done by driving off the roadway, main traveled portion, or regular moving traffic lane, except that 4117(c) allows using the shoulder if necessary to pass a vehicle making or about to make a left turn.

Can two motorcycles ride side by side in Delaware?

Chapter 41 of Title 21 has no two-abreast rule for motorcycles. Its only two-abreast rule, in the bicycle subchapter, says persons operating bicycles on a roadway shall not travel more than 2 abreast except on paths or parts of roadways set aside for bicycles.

What is the fine for lane splitting in Delaware?

Section 4122 states no penalty of its own. Under 21 Del. C. 4205(a), a Chapter 41 violation with no penalty prescribed elsewhere carries a fine of $25 to $75 for a first offense and $57.50 to $95 for a subsequent like offense within 24 months; court costs and assessments are not included in those figures. Other sections can apply depending on how a rider rides. Aggressive driving under 4175A requires continuous conduct that violates 3 or more listed sections, including 4117, 4122, 4123 and 4168, and reckless driving under 4175(a) requires wilful or wanton disregard for the safety of persons or property; each carries a first-offense fine of $100 to $300, 10 to 30 days in jail, or both. Operating a vehicle in a careless or imprudent manner, or without due regard for road, weather and traffic conditions then existing, is careless driving under 4176(a), fined $25 to $75 for a first offense.

Does Delaware's law cover three-wheeled motorcycles?

Yes, as motorcycles. 21 Del. C. 101(41) defines a motorcycle as a motor vehicle designed to travel on not more than 3 wheels in contact with the ground, excluding autocycles, tractors, EPAMDs and electric bicycles. The single-lane rule in 4122(1) applies to every vehicle either way.